Section 821 - School district to maintain public elementary schools or pay tuition(a) Each school district shall maintain one or more approved schools within the district in which elementary education for its resident students in kindergarten through grade six is provided unless: (1) the electorate authorizes the school board to provide for the elementary education of the students by paying tuition in accordance with law to one or more public elementary schools in one or more school districts;(2) the school district is organized to provide only high school education for its students; or(3) the General Assembly provides otherwise.(c) Notwithstanding subsection (a) of this section, without previous authorization by the electorate, a school board in a district that operates an elementary school may pay tuition for elementary students who reside near a public elementary school in an adjacent district upon request of the student's parent or guardian, if in the board's judgment the student's education can be more conveniently furnished there due to geographic considerations. Within 30 days of the board's decision, a parent or guardian who is dissatisfied with the decision of the board under this subsection may request a determination by the Secretary, who shall have authority to direct the school board to pay all, some, or none of the student's tuition and whose decision shall be final.(d) Notwithstanding subdivision (a)(1) of this section, the electorate of a school district that does not maintain an elementary school may grant general authority to the school board to pay tuition for an elementary student at an approved independent elementary school or an independent school meeting education quality standards pursuant to sections 823 and 828 of this chapter upon notice given by the student's parent or legal guardian before April 15 for the next academic year.Added 1969, No. 298 (Adj. Sess.), § 52; amended 1985, No. 71, § 4; 1987, No. 141 (Adj. Sess.); 1989, No. 271 (Adj. Sess.), §§ 1, 2; 1991, No. 24, § 11; 2009 , No. 44, § 13, eff. 5/21/2009; 2011 , No. 58, § 29, eff. 5/31/2011; 2011, No. 129 (Adj. Sess.), § 4, eff. 5/11/2012; 2013, No. 92 (Adj. Sess.), § 95, eff. 2/14/2014; 2015 , No. 23, § 21.